DHARAM SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was earlier appointed as Director Physical Education (DPE) and that lateron the said designation was changed to that of Lecturer, Physical Education on 27.10.1979. He had joined the service in a private College known as Shri Krishan College, Kanwali (Rewari) on temporary basis. This college was taken over by th Government with effect from 23.6.1992 and the staff deployed in the said college was allowed to be accepted as employees of the Government. It shall be appropriate to mention here that while in service of the private college, the services of the petitioner were confirmed vide order dated 28.4.1983 and that the effective confirmation was given with effect from 1.5.1981.

(2.) THE Government of Haryana vide its letter dated 8.3.1989, Copy Annexure P -24 issued instructions on the revision of pay scales of Teachers, Librarians and Physical Education Personnel in Universities and Colleges. A provision was made for the release of selection scale of Rs. 3000 -5000 on completion of 8 years of service on or after 1.1.1986. A further provision for the release of selection grade of Rs. 3000 -7000 was also made on completion of 16 years of service. Consequently, the senior scale of Rs. 3000 -5000 was released to the petitioner with effect from 1,5.1989 when he completed 8 years from the date of regularisation of service, i.e., 1.5.1981.

(3.) THE stand of the Government is that the petitioner is not entitled to any benefit by way of counting the previous service in the private colleges which may be termed as temporary service or ad hoc service. It is also contended that since his services had been regularised by the private college with effect from 1.5.1981, as a sequel thereto, the necessary relief has been given by counting 8 years from the said date. It is informed orally by learned AAG, Haryana that now the benefit of 16 years service also has been granted to the petitioner in the year 1997 during the pendency of the petition. It has been further brought to the notice of this Court that the Full Bench decision of this Court has been reversed by the Supreme Court and that the minority view expressed by J.L. Gupta, J. has been upheld by the Apex Court. The judgment has been rendered by the Apex Court on 19.9.2000 in CA No. 13423 of 1996 alongwith other Civil Appeals - State of Haryana v. Haryana Veterinary and A.H.T.S. Asson. and another, 2000 (4) RSJ 167. The apex Court has categorically observed that the benefit cannot be given over and above the provisions contained and the rules applicable to the service. The relevant portion of the judgment reads as under :